Terms and Conditions for Advertisers Subscribing to Carlist.my

The Carlist.my advertiser subscription is a personal account (“Subscription”) and can only be used by one Advertiser (as defined below) at a time. The account is strictly non-transferable.

The Advertiser must be either an Individual or Corporate Entity as defined herein below, posting any advertisement and listing of any items for sale on the Site.

'Individual' - The Services are available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law.

'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

Advertisement placed must be for the benefit of the Advertiser, and not for a third party.

Billing and Subscription Confirmation

Subscription will only be activated once the contract has been signed and 1st payment made and cleared by Carlist.my. Activations will occur within 1 working day of receipt of payment. For cheque payments, proof of postage will not be accepted as proof of receipt. Receipt is only deemed to have occurred upon clearance of funds. Carlist.my is not responsible for any loss or damage of cheque during postage delivery. Advertisers will be billed for any fee or costs incurred if the cheque bounces.

Should the Subscription be discontinued at any point within the stipulated period, the Advertiser will still be liable to pay in full the committed amount. Should payment cease, Carlist.my shall reserve the right to take down all advertisements posted as well as suspend the Advertisers account at its sole discretion.

Carlist.my reserves the right to revise advertising rates upon giving written notice at any time.

Private seller – 60 day money back guarantee

Carlist.my, will upon the User’s request and subject to the restrictions described below, provide a refund of a similar value of the amount paid by the User for the product/serviced procured.

Carlist.my’s money-back guarantee (“the Guarantee”) is subject to the following conditions:

The Guarantee only applies to the Featured (RM50) Private Seller package

The User must notify Carlist.my of any claim in writing, within 7 calendar days of expiry of the advertisement. Together with the written claim, the following shall be required:

A photo of the vehicle with timestamp (a newspaper might be used in this case)

A scanned copy of the car registration stating the current owner of the vehicle

Proof that all necessary steps to sell the car were undertaken (competitive price, at least 10 images, strong description, etc)

Within 30 calendar days after User so notifies Carlist.my, Carlist.my shall ascertain the validity of the claim and decide on either to:

Reject the claim

Upgrade User to the Premium Private Seller package for free; or

Provide the User with a refund in the form of credits

User may not permit any other party to notify claims on its behalf nor assign claims to any other party.

Any action by Carlist.my, by way of upgrade or refund, the User shall constitute a full release of Carlist.my’s obligations.

The Guarantee will not apply where the ineffectiveness of the advertisement is due to circumstances beyond Carlist.my’s control, including uncompetitive pricing, poor quality of the advertisements and mistakes arising from wrong User input, missing or inaccurate receiver telephone number, etc.,

All other provisions of the Carlist.my Terms and Conditions of Carriage apply. The Guarantee is subject to modification or cancellation by Carlist.my at any time.

The Services are not available For more information please call your local Carlist.my Express User Service team

Display of Advertisements

Advertiser acknowledges that the positioning and presentation of advertisements is at the discretion of Carlist.my and may be altered from time to time. Carlist.my may also display Advertiser’s advertisements on other websites without explicit permission from the Advertiser.

Carlist.my, its employees or agents will not be liable for errors in the publication, or omission of any advertisement, the content thereof and/or any damage howsoever provided by the Advertiser for the purpose of or in connection with any advertisement.

Advertisement and Content Guidelines

By submitting the Subscription, the Advertiser agrees to abide by the Advertisement and Content Guidelines set by Carlist.my (see full guidelines at
http://www.Carlist.my/help). Without limiting the foregoing, the following advertisements are prohibited and can be removed by Carlist.my without notice:

any advertisement that has content that is not related to the car being advertised – especially photos or videos of other than the car; any car advertisement with false information;

any dealer profile information that violates the content & subscription rules; specifically any reference to more than one dealer per account is not allowed;

those that promotes illegal business practices;

those with content that, in Carlist.my’s sole and absolute judgment, is inappropriate;

those that violate any applicable law, regulation or third party rights, particularly the provisions of the Personal Data Protection Act 2010; and

any advertisement that Carlist.my determines could result in legal liability or adverse publicity to Carlist.my such as offensive, inaccurate, defamatory, libellous or slanderous material or material which is potentially infringing on another party’s intellectual property rights.

Use of Credits

Transactions relating to single premier products offered through Carlist.my services are to be paid in the form of online credits ("Credits").

All Credits purchased by the Advertiser are strictly non-refundable.

Credits cannot be utilised/transferred for subscription based premier products offered by Carlist.my

Limitation on Liability

Carlist.my shall not be liable for any (1) content or quality of advertisement, (2) disruptions or interruptions in the Internet which affect the Advertiser’s advertisement, (3) errors or delays in providing its advertisement services, (4) loss of Advertisers’ data, (5) any delay or failure in performance due to or caused by any events beyond the reasonable control of Carlist.my.

In consideration of publication of an advertisement, the Advertiser, if such is a party to this agreement, jointly and severally agree to fully indemnify and hold harmless Carlist.my, its officers, agents and employees in respect of all or any costs, expenses, loss, damages, claims, actions, proceedings or other charges arising out of, resulting from or in relation to the publishing of the Advertiser’s advertisement including but is not limited to legal actions or threatened legal actions arising from the publication of any advertisement together with any and all other losses resulting from the publication of any advertisement by Carlist.my, any claims or actions in respect of libel, slander, violation of any rights of privacy, copyright infringement, violation of trademark or any other intellectual property rights.

General

The Terms and Conditions herein, the Terms and Conditions of Use and the Personal Data Protection Notice (collectively, the “Terms”) constitute the entire understanding between the parties and supersede any prior agreements, discussions and representations between the parties, whether written or oral, regarding the subject matter contained herein. All orders/Subscription shall be subject to Carlist.my’s then-current Terms, which may be revised by Carlist.my without notice at any time. The Terms shall be governed by and constructed in accordance with the laws of Malaysia.